Court No. - 32 Case :- SPECIAL APPEAL No. - 1145 of 2010 Petitioner :- Girish Chandra Gupta And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Achal Singh Vats Respondent Counsel :- C.S.C.,S.K. Yadav Hon'ble R.K. Agrawal,J.
Hon’ble Abhinava Upadhya,J.
The appellants have approached this Court against
the judgment and order of the learned Single Judge
dated 9.7.2010 by which the writ petition preferred
by the appellants was dismissed.
The claim of the appellants is that pursuant to the
advertisement dated 29.12.2009 the appellants
applied for being considered for appointment as
Coordinator and Assistant Coordinator in Block
Resource Centre and Nyaya Panchayat Resource
Centre respectively. The main grievance of the
appellants is that although they have submitted their
applications within time, yet they have not been
allowed to participate in the selection process.
Counter affidavit to the writ petition has been filed
on behalf of the State and along with the counter
afidavit, Government Order dated 29.6.2002 has
been filed which enumerates the eligibility criteria
for appointment to the post of Coordinator and
Assistant Coordinator in the Block Resource Centre
and the Nyaya Panchayat Resource Centre. The said
Government Order clearly mentions that those
candidates who have already worked as Coordinator
in Block Resource Centre for a period of two years
will not be eligible for re-appointment.
The contention of the learned counsel for the
appellant is that in the advertisement no such
condition was imposed and, therefore, the
appellants have right to be considered.
The submission of the learned counsel for the
appellants is wholly misconceived. Whatever right
the appellants have, accrues from the aforesaid
Government Order which clearly mentions that the
persons who have worked in the Block Resource
Centre for a period of two years, will not be
eligible. There is no dispute that the appellants have
worked for a period of two years as Coordinator in
the Block Resource Centre and, therefore, no right
accrues to them for being considered for
appointment as Coordinator or Assistant
Coordinator. Under the circumstances, no
interference is called for in the order of the learned
Single Judge.
The special appeal being misconceived, is
accordingly dismissed.
Order Date :- 27.7.2010
SA